Article 115 Article 115 Other delegated powersF5

United Kingdom

The F1Secretary of State may make regulations laying down necessary measures concerning the procedure for the examination of applications for protection or for the approval of a modification of a traditional term, as well as the procedure for requests for objection or cancellation, in particular with respect to:

(a)

models for documents and the transmission format;

(b)

time limits;

(c)

the details of the facts, evidence and supporting documents to be submitted in support of the application or request;

(d)

detailed rules on making protected traditional terms available to the public.

F22.

The Secretary of State may:

(a)

approve or reject an application for protection of a traditional term;

(b)

approve or reject an application for modification of a protected traditional term;

(c)

approve or reject an application to cancel the protection of a traditional term;

(d)

cancel the protection of a traditional term on the Secretary of State's own initiative.

(2A.)

Where the Secretary of State makes a decision under paragraph 2, the Secretary of State must publish in such manner as appears appropriate to the Secretary of State from time to time, a notice—

(a)

informing the applicant and the public of the decision made in relation to the application and the reasons for that decision; and

(b)

providing information about the right to appeal against the decision and the period within which an appeal may be made.

The F3Secretary of State may make regulations providing for the protection of traditional terms in respect of which an application for protection has been accepted, in particular by classifying them in accordance with Article 112 and by publishing a definition and/or the conditions of use.

F44.

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Annotations

Textual amendments

F1: Words in Art. 115(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(14)(b)
F2: Art. 115(2)(2A) substituted for Art. 115(2) (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(14)(c)
F3: Words in Art. 115(3) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(14)(d)
F4: Art. 115(4) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(14)(e)
F5: Art. 115 heading substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(14)(a)